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Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....কারী). By a notification dated 14.09.1982, the post of the petitioner was re-designated as Block Supervisor (B.S). The petitioner had been serving in Narshingdhi District. The petitioner completed a diploma having the duration of three years on Agriculture. Subsequently, he was informed......Ali J Md. Shamsul Huda J Md. Shahjahan Atmasder................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Agriculture and others..........................................Respondents Judgment February 9, 2012......thin eight months from 08.01.2008 and that the case having been filed beyond that period was barred by limitation. 9. The findings of the Administrative Appellate Tribunal are based on proper appreciation of law and fact. 10. We would like to give more explicit reply to the quest......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......ported in: 65 DLR (HCD) (2013) 59. ......hile defendant No. 6 is the other brother through their mother Rezia; said Badsha Miah died on 24-4-91 leaving behind the plaintiffs and the defendants as his legal heirs' he has also left behind properties described in Schedule Ka, Kha, Ga and Gha of the plaint which includes land, building sho......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
....can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:......is Case is also Reported in:......can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:......sain, Deputy Attorney General with Ms. Ydhida Zaman, Assistant Attorney General-for
the Respondents
Writ Petition No. 3134 of 2010
Judgment
AHM Shamsuddin Choudhury J.- The Rule under adjudication, issued on 12.04.2010 was in
following terms:
“Let a Rule Nisi be issued, ca..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Abdur Razzak Vs. State, 2012, 41 CLC (HCD)
....dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ...... 1898 is that trial Court has to form "an opinion that there is ground for presuming that the accused has committed offence................" An opinion on the basis of presumption and a finding in a judicial proceeding are two distinct concepts. A finding about commission of offe......on 409/109 Penal Code read with section 5(2) of Act 11/1947 Charge is framed accordingly". The language used in the Order particularly the expression "it is found that" is neither proper nor speaking. It is improper, in that at the time of framing charge the trial Court cannot re......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ..Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......ud Hossain J Md. Shamsul Huda J Md. Imman Ali J Muzibur Rahman and others ……………….... Appellants (In Criminal Appeal No.3 ......ercising its power on the question of conversion of the conviction of any accused. Since the state has taken no exception against the conversion of the conviction, Appellate Division feel it not proper at this stage to interfere with his conviction. Appellate Division find no ground to com......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......p; Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Imman Ali J Kalim Ullah (Md.) and others ...............Appellant Vs. Fariduddin Ahmed…………&h......lip;…….Respondents Judgment February 1, 2012. Result: The appeal and the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The language used in this sect......bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......nt: Siddiqur Rahman Miah J AKM Shahidul Huq J Dr. Khalekuzzaman………………………….......Petitioner Vs. The State and another…………………………Opposite ......present Rule. 8. Mr. M. Amirul Islam, the learned Senior Counsel submits that the learned trial court while disposing the application under section 265C of the Code of Criminal Procedure did not properly consider the case records and the documents submitted therewith. Mr. Islam contended that t......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....er to maintain the speed in the work made payment of Taka 7, 00,000 (seven lakh) only as advance against consultant's fees pending execution of formal agreement between the parties. The appellant completed the work and submitted the draft final plans and reports on 14-6-1988. The appellant also ......efined in the Arbitration Act. Order XX, rule 4(2) of the Code requires that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitration Act empowers the Court to pronounce......roduce any evidence of authorization by the respondent. The Sole arbitrator in presence of the officers of the respondent adjourned the hearing to 27-8-1998 for enabling the respondent to appear with proper letter of authorization. It was also intimated to the parties that no further extension ...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ......Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Nawabgonj Government College.....................Petitioner Vs. Aftabuddin (Md.) and others.........................Respondents Judgment January 23, 2012. Result: ......7 and VP Lease Case No.1 of 1086, releasing 0.84 acre of land out of 3.44 acres of land appertaining to SA Khatian No.321, Plot No.509 of mouza Jotpratap, Police Station-Sadar from the list of vested property. 3. The writ petitioner's case as stated in the writ petition, in short was that 3...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....agreement signed by him on taking the balance money and would also register the kabala. In this way, the plaintiff had been kept waiting. In the meantime, more than 80% of the work of the project was completed. At that stage of the work, when again the plaintiff put pressure upon defendant No.2 for ......bsp; Nazmun Ara Sultana J Md Shamsul Huda J Syed Mahmud Hossain J Md. lmman Ali J Atif Atiq (Md.) and another..........................Petitioners Vs. Nurun Nahar Begum and others...............t Nos.1 and 2 received the said amount from the buyers, they failed to complete the construction work or failed to undertake the construction work satisfactorily or failed to do the construction work properly as per terms of the agreement and had abandoned the construction site; the intending flat b......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......D 542; Monir Hossain Vs.State, 53 DLR 411; Abdul Monem Chowdhury @ Monem Vs.Stale, 47 DLR (AD) 96; Mona alias Zillur Rahman Vs. State, 23 BLD (AD) 187 = 9 BLC (AD) 125; Protap Singh Vs.State of Jharkhand, (2005), 3 SCC 551; Umesh Singh Vs. State of Bihar, (2000) 6 Supreme Court Cases, 89. Lawye......Case No. 1313 of 1993 and as the senior Special Judge in the Special Case No. 946 of 1993 should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. (As written in the Rule issuing order.) 2. The present accused-petitioner on 17-2-1993 ......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......pecial Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Warid Telecom International Ltd....................Appellant Vs. Commissioner of Customs and others………........Respondents Judgment January 18, 2012. ......on and the reasons for the decision. But in the present case, the Tribunal by merely pronouncing the conclusion without assigning any reasoning in support of the same is found not to have persued the proper way of disposing of the Appeal. And whereas further the Order (Judgment) of the Appellate Tri......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ...... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Shamsuddin Ahmed & others .....................Appellants Vs. City Bank Ltd. and others……………………………........not go behind the decree. So the execution court does not have any jurisdiction to take into consideration of any thing stated in preliminary decree……..(14) Whether the sale of the property once made absolute can be affected even if the decree is overturned- It is settle prin......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
...., from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......da J Sree Prodip Barua alias Bappi………………………………………..Petitioner Vs. Faisal Madani and another.......................................Respondents Judgment January 15, 2012. ......int case, in short, was that the suit land originally belonged to Umacharan who died leaving son Bijoy Sree Barua. That Bijoy Sree Barua while was in possession of the suit land along with other properties died leaving four sons in Prodip Barua @ Bappi (the defendant-petitioner), Dilip @ Badal ......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....for construction of a multi-storied building in holding No. 8/2 Paribagh, Shahbagh, Dhaka. 3. As per terms of the aforesaid contract the construction of a multi-storied building has already been completed by the developer company. Thereafter, the appellant as petitioner filed an application und......late Jurisdiction) Present: Md. Nuruzzaman J Quazi Reza-ul Haque J Dr. Anowar Hossain………………..Appellant Vs. Reya Builders and Engineers Ltd................Respondent Judgment January 12, 2012. Result: ......ion for addition of patty by the 2nd party to implead the 3rd party in the proceedings does not come within the ambit of law. Therefore, as to whether any signatory of the agreement is a necessary or proper party in the proceedings does not call for to decide at all. It is the desire of the 3rd......f the 2nd Party, the 3rd Party-signatory cannot be treated as necessary party. Although already on behalf of the respondent it has been stated that it is a compact project without his presence proper adjudication of the dispute will not be possible at all. In that case none of the parties restrained..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ...... Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Mohammad Ali…………………………….Accused-Petitioner Vs. State and another………………………………….Opposite-Parties Judgment January 10, 2012.......Instruments Act, 1881 pending in the Court of 5th Joint Metropolitan Sessions Judge, Dhaka shall not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. In short, the case of the prosecution for the purpose of disposal of the Rules is as f......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... deed of agreement for sale. The relevant clauses of the Agreement for Sale of the Immovable property dated 20.12.1986 may be reproduced below: “1. The Vendor-First Party hereby agrees to complete the sale of schedule property by a duly executed and registered Deed of Sale within one yea...... the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shivappa Hanasi vs.Tammanasa and others 10 SCC 390; Hajee Saru Meah Sowdagar and another......appeals arise out of litigation between the same parties concerning land situated at Plot No.6, Block No. NW (A), Road No.69, Gulshan Model Town, Dhaka. Title Suit No. 3 was filed by the owner of the property seeking a declaration that the cancellation of the agreement of sale is valid and binding, ...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......Huda J Md. Amzad Hossain Parag………………………………………...Petitioner Vs. Md. Saiful Islam and others....................................Respondents Judgment January 9, 2012. ......s pleading. 7. The defendant Nos.2, 3 and 5 contested the suit by filing a joint written statement denying the material allegations made in the plaint. Their defence case, in short, was that the properties of C.S. Khatian No.106 was recorded in the name of Syed Altaf Ali Chowdhury and others. B......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......gir Hossain J Advocate Manzill Murshid...... Petitioner. Vs. Bangladesh represented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, P.S.-Shahbag, District-Dhaka and others...... Respondents. Judgment January 6, 2012. Result: The impugned ......ents to pay-sanction the medical bills of the Hon’ble Judges of the Supreme Court of Bangladesh as paid earlier and/or why such other or further order or orders as to this Court may deem fit and proper, should not be passed.” Averments figured in the petition, are summarized below: ...... Deputy Attorney General with Ms. Yehida Zaman, Assistant Attorney General-For the Respondents. Writ Petition No.10803 of 2011. Judgment AHM Shamsuddin Choudhury J.- The Rule under adjudication, issued on 12th December, 2011, was in following terms: “Let a Rule Nisi be..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ......endra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J Mohammad Noor-E-Alam Jahangir, English Teacher Rifles Public School and College,Dhaka....................................................Petitioner (In both the cases) ......ndhi Police Station, Dhaka (Annexure-G) and such other malafide documents are not usable against the petitioner and/or pass such other or further order or orders as to Your Lordships may seem fit and proper for the ends of justice.” and accordingly, the Rule was issued. 5. A Divisi......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ..Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90
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